Allahabad High Court
Lav Kush And Another vs State Of U.P. And Another on 14 February, 2020
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- APPLICATION U/S 482 No. - 37058 of 2012 Applicant :- Lav Kush And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Singhal,Dinesh Kumar Yadav Counsel for Opposite Party :- Govt. Advocate Hon'ble Deepak Verma,J.
List revised. None appears to press this application.
Learned AGA for the State is present.
This is an application filed under Section 482 Cr.P.C. It is old matter pending since 2012.
The Apex Court in the case of Mohd. Allauddin Khan Vs. State of Bihar and other has held in para No.14 as follows:-
"14. In our view, the High Court had no jurisdiction to appreciate the evidence of the proceedings under Section 482 of the Code Of Criminal Procedure, 1973 (for short "Cr.P.C.") because whether there are contradictions or/and inconsistencies in the statements of the witnesses is essentially an issue relating to appreciation of evidence and the same can be gone into by the Judicial Magistrate during trial when the entire evidence is adduced by the parties. That stage is yet to come in this case."
Perused the record.
It appears that by efflux of time either cause of action is no more surviving or for any other reason matter has rendered infructuous and that is why none is present to press this application.
The application is accordingly, dismissed.
Order Date :- 14.2.2020 SKD